Violation claims over Illinois' Biometric Information Privacy Act (BIPA) may start rolling into the state's court systems after Six Flags was hit with a ruling finding it could be required to pay damages over biometrics violations even if the damages aren't tangible.
BIPA went into effect in 2008 and requires private entities in Illinois to obtain prior written consent before collecting an individual's fingerprint, voiceprint, iris scan or other biometric. It also requires companies provide a written document notifying consumers of any biometric collection and the length of the data's storage.
If a defendant negligently violated the law, plaintiffs may recover attorney fees and liquidated damages of up to $5,000 or actual damages.
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Victoria Hudgins
I am a reporter for Legaltech News where I cover data privacy, cybersecurity and technology's impact on the business and practice of law.
